Uttarakhand act 012 of 1936 : The united provinces state tube-wells act, 1936

173

THE UNITED PROVINCES STATE TUBE-WELLS ACT, 1936

1

[U. P. ACT No. XII OF 1936]

Amended by the U. P. Act no. IV of 1954 Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937

Adapted and modified by the Adaptation of Laws Order, 1950 [Received the assent of the Governor on December 12, 1936, and of the Governor- General on February 20, 1937, and was published²under section 81 of the Government of India Act, 1919, on March 6, 1937.]

AN

ACT

to provide for the construction, improvement and maintenance of State Tube-well irrigation works

Preamble WHEREAS it is expedient to make provision for the construction, improvement and maintenance by Government of State-Tube-well irrigation works; AND WHEREAS the previous sanction of the Governor-General under sub- section (3) of section 80-A of the Government of India Act has been obtained to the passing of this Act;

It is hereby enacted as follows:

Short title,

extent and

commencement

1- (1) This Act may be called the United Provinces State Tube- wells Act, 1936.

(2) [***]³it extends⁴to whole of [Uttar Pradesh]⁵[***]⁶

(3) [It shall come into force at once.]⁷ 1- For S.O.R. see Gaz. Extra. d. Oct. 17, 1936.

174

[The United Provinces State Tube- wells Act, 1936] [Section 2-6] Definitions 2- In this Act, unless there be something repugnant in the subject or context --

(1) "tube-well" means any tube-well from which water is lifted by means of a pump operated otherwise than by human or animal power ;

(2) "State tube-well" means a tube-well constructed, maintained or controlled by the [State Government]¹and includes all mechanical and electrical appliances, tools and structures appertaining to it and necessary for the abstraction of water from it;

(3) "Tube-well Officer" means an officer appointed under section 4 to exercise control or jurisdiction over one or more State Tube-wells;

"Superintending Engineer" means a Tube-well Officer exercising general control over circle comprising one or more tube- well divisions ;

"Divisional Officer" means Tube-well Officer exercising control over a division comprising one or more tube-well sub-divisions;

"Sub-Divisional Officer" means a Tube-well Officer exercising control over a group of State tube-wells situated within an area designated a tube-well sub- division.

3- [***]²

Appointment

of tube well

officers

4- The [State Government]¹may from time to time appoint officers to exercise or perform within such local limits as it may direct all or any of the powers and duties conferred or imposed on Tube-well Officers by the Northern India Canal and Drainage Act, 1873, in its application to State Tube-wells as hereinafter provided.

United Provinces

Act 1 of 1920 not

to apply to State

tube-wells

5- The provisions of [the United Provinces Minor Irrigation Works, Act, 1920,³ shall not apply to State Tube-wells.

Application of

Act VIII of

1873 to State

tube-well

6- In respect of any State Tube-well the provisions of the Northern India Canal and Drainage Act, 1873, except the provisions of section 1, clauses (4) and (7) of section 3, section 4, section 5 and Parts VI and VII of the said Act, shall be deemed to apply in like manner as if such State Tube-wells were a canal within the meaning of the said Act :

Provided that in the application of the said Act every reference therein to a

"Canal Officer" (except in section 27 of said Act) a "Superintending Canal Officer", a "Divisional Canal Officer" or a "Sub-Divisional Canal Officer" shall be deemed to be a reference to a "Tube-well Officer" a "Superintending Engineer", a

"Divisional Officer" or a "Sub-Divisional Officer" respectively:

Provided further that for the purpose of such application the said Act shall be subject to the modification indicated in the Schedule.

1 . Substituted by the A. O. 1 950 for (provincial Government).

2. Omitted by section 3 of U.P Act 1954.

3 . Subs. by section 4 ibid.

175

[The United Provinces State Tube- wells Act, 1936] [Section 7-9] [Power to

construct under

ground pipe

lines etc.

7. Any Tube-well Officer or other person acting under the general or special order of a Tube-well Officer may, from time to time -

(a) place, dig, examine. repair, alter, maintain or remove a tube-well pipe line (including inter-sump, pipe stand, value chamber and outlet) Tube-well Kachagul, barha and earthen borrow pits, under, over, along, across, in or upon any immovable property and may, open or break-up the soil and,

(b) for any such purpose enter upon such property at any time. Notice to owner

or occupier of

land

8. (1) No such work, as is referred to in section 7, shall be executed unless not less than forty-eight hours notice in writing before the commencement of work is given to the owner or occupier of the property and such owner or occupier shall have the right to be present during the execution of the work.

(2) Where any person, in exercise of the powers under this Act, opens or breaks up the soil of any land, he shall with the reasonable speed, fill in the ground and reinstate and make good the soil opened or broken up.

(3) A Tube-well Officer shall cause as little damage as possible to any property for the purpose of executing any work under this Act and shall in the prescribed manner, pay to the owner or occupier of such property compensation for any damage sustained by him.

Power to make

rules

9. The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.]¹

176

[The United Provinces State Tube- wells Act, 1936] [Schedule]

SCHEDULE

(Referred in section 6)

MODIFICATIONS IN THE NORTHERN INDIA CANAL AND DRAINAGE

ACT, 1873

(HEREINAFTER CALLED "THE SAID ACT") [1-- In section 6 of the said Act for 'the words "day so named", the words

"commencement of the U. P. State Tube-wells Act, 1936" shall be deemed to be substituted and for the words "such application or use of the said water" the words "the application or use of under-ground water for the purpose of a State 'Tube-well" shall be deemed to be substituted.]²